New Jersey Section 2C:39-9.2 – Sale of handcuffs to minors, prohibited

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1 New Jersey Section 2C:39-9.2 – Sale of Handcuffs to Minors, Prohibited

New Jersey Section 2C:39-9.2 – Sale of Handcuffs to Minors, Prohibited

In New Jersey, it is illegal for anyone to sell handcuffs to a person under 18 years old. This law is found in Section 2C:39-9.2 of New Jersey’s criminal code.

The purpose of this law is to prevent minors from obtaining handcuffs and using them improperly or dangerously. Handcuffs can be misused to restrain or harm others if they fall into the wrong hands. By prohibiting their sale to minors, the New Jersey legislature aimed to protect public safety.

Background of the Law

Section 2C:39-9.2 was enacted in 1985 as part of New Jersey’s comprehensive gun control reforms. At the time, lawmakers were concerned about handcuffs being used by minors to facilitate crimes or cause injury. There was also concern that metal handcuffs could be brought to school and used to bully or harm other students.

By completely banning the sale of handcuffs to those under 18, the legislature hoped to nip this potential problem in the bud. The outright prohibition was seen as the simplest and most effective approach compared to trying to regulate sales in some way.

Details of the Law

Under 2C:39-9.2, it is a third-degree crime in New Jersey for any person to sell handcuffs to a person who is under the age of 18. Some key points about the law:

It applies to all sales, whether by a manufacturer, distributor, retailer, or private seller.
All types of handcuffs are covered, including metal, plastic, zip ties, etc.
The law prohibits the sale only. It does not prohibit possession of handcuffs by minors.
There is no requirement that the seller verify the minor’s age. But knowingly selling to someone under 18 is illegal.
Violations are a third-degree crime punishable by 3-5 years imprisonment and a fine up to $15,000.

Unlike some other states, New Jersey does not require retailers to post any notice about the handcuff sales prohibition. The onus is entirely on sellers to know about and comply with the law.

Arguments For and Against the Law

Proponents of 2C:39-9.2 argue that it helps prevent handcuffs from being used to bully, assault, restrain, or commit crimes against other minors. Handcuffs can be dangerous in the hands of youths who may use them recklessly or maliciously. The outright sales ban removes easy access to handcuffs that could facilitate such behavior.

Critics counter that the law is overly broad and paternalistic. Most minors would not misuse handcuffs, and the law prevents even responsible uses like magic tricks, costumes, or restraint in sexual play between older teens. Critics also argue that minors could still obtain handcuffs from parents, friends, or online sales.

On balance, lawmakers have decided that the potential risks outweigh leaving handcuff sales unregulated for minors. But reasonable people can disagree on whether a total ban is the right approach.

Enforcement of the Law

Enforcement of 2C:39-9.2 relies heavily on voluntary seller compliance. Unlike firearms or tobacco sales, there is no concerted sting operation effort to catch retailers selling handcuffs to minors.

Most violations come to light only when a prohibited sale leads to subsequent misuse or crime with the handcuffs. In such cases, the seller may face charges for the illegal sale. But some critics argue the lack of active enforcement undermines the law’s effectiveness.

Retailers can protect themselves by educating staff about the law and instituting policies to prevent sales to minors. Online sellers should consider age verification measures before shipping handcuffs to New Jersey addresses.

Parents may also face charges if they purchase handcuffs and provide them to their minor children, since that constitutes an illegal sale under the statute.

Comparison to Other States

New Jersey’s total ban on handcuff sales to minors is stricter than most other states. Some take a more limited approach:

California prohibits sales to those under 16.
Connecticut bans sales to those under 15.
Illinois prohibits sales to minors but creates an exception for those with parental or guardian consent.

Meanwhile, many states like Texas and Florida have no laws whatsoever regulating handcuff sales to minors. New Jersey’s law is among the most restrictive in the nation.

Conclusion

The prohibition on selling handcuffs to minors in 2C:39-9.2 remains controversial over 30 years after its enactment. Reasonable people disagree on whether a total ban is necessary and effective. But in the interest of public safety, New Jersey lawmakers continue to believe that keeping handcuffs out of the hands of youths is prudent.

Sellers in New Jersey should be aware of and comply with the law. While enforcement is limited, violations can lead to serious criminal penalties. By declining sales to minors, sellers can avoid liability and promote responsible use of handcuffs in their communities.